Decision details

The Local Committee (Waverley) agreed that:

(i)      Public Footpath rights be recognised over the route shown B – C – D - E on Diagram no. 3/1/3/H13a and that a Map Modification Order be made under sections 53 and 57 of the Wildlife and Countryside Act 1981 to modify the Definitive Map and Statement. The route would be known as Public Footpath No. 602,Busbridge.

(ii)      If objections are maintained to such an order, it would be submitted to the Secretary of State for Environment, Food and Rural Affairs for confirmation.

(iii)     Public Footpath rights are not recognised over the route shown A – B on Diagram no. 3/1/3/H13a and as such no Map Modification Order be made.

Reasons for decision:

The evidence submitted in support of the application was considered insufficient to

prove that public rights are established over A – B but sufficient to establish that

public footpath rights are reasonably alleged to subsist over B – C – D - E, having

been acquired under both statutory presumed dedication (under s.31(6) of the

Highways Act 1980) and common law. It was considered that the landowners have not taken sufficient actions to demonstrate their lack of intention to dedicate the section B – C – D – E during the relevant period. Therefore, a Map Modification Order to modify the Definitive Map and Statement by the addition of a public footpath as described above should be made under s. 53 of the WCA 1981.